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Can I stay and apply for a green card on a J1 visa?
By:Indu Liladhar on Fri 10 Oct 2008 2:01 PM under Immigration

I have J-1 Exchange Program status and I want to marry a US citizen. Can I stay and apply for a green card?

You can apply unless your J-1 is subject to Section 212e of the Immigration Law. This section requires some J-1 visa holders to reside outside the US for 2 years before they can change to any other visa status. This requirement is noted on the Visa in the passport and also on the Form DS2019 where it says “is” “is not” subject to Section 212e. The US Department of State and the Immigration Service can grant a waiver of this requirement but a waiver may be difficult to get.


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